HonorableR. T. Burns

CountyAttorney Walker County Huntsville,Texas Deer Sir: OpinionNO. O-1702 Re: May a personwho has hot paid his poll tax be a c#ndidate for Repreaentt%tit+& This will acknowledgereceipt of your telepam of November 15, 1939, and your letter ofNovember 17. We wish to thank you for the able brief which you submittedwith your letter. The question aa presented to ua in your telegram reads: 'tiould like to know definition of 'qualifiedelector' and if personwho has not peld poll tax ia eligible to have name placed on ballot for representative in special election?" We regret to ad&e thatwe are not an$horized to enawer your question for the reason that the Constitutionof Texas, inArticle 3, Section 8, gives to theHouse of Representatives the exclusivepower to determine the eligibility of itsmembers, in the following language: 'EachHouse shall be the judge of the qualifications and election of its own members." In Dickson v. Strickland, 114 Tex. 176, 265 S. W. 1012, the Supreme Court of Texeawaa asked to.pesaupon the qtilifications of Mrs. MiriamA. Ferguaon for Covernor of the State but held that neither itnor the district courthaa jurisdictionto entertain the question because Section 3, of Article 6 of the State Constitutionplaced the determination of the question in the Legislature. Said Greenwood,J., in the opinion: "TheConstitution,having committed to the Legislature,and withheld from the budiciary, the power to determine the eligibility of all elective state officers of the executive department, such Rower of determin&tion-nmust be exercised by the Legislatureand couldnot be granted away tothe courts, . . ." "If it is the Constitutionwhich provides that a nonjudicial tribunal shall settle such cases, the deciaion,thereofby such tribunal is beyond judid,iiil control, unless pleinl:~ authorizedby the Constitution itself."Hon. R. T. Burns, Page #2 (o-1702)

If the courts oi this state ere without jurisdiction in such CPXS certainly itwoLiLd be beyond the authority of theAttorney General to attempt to decide such questions. Whenever theHouse of Representatives is called upon to pass upon the qualifications of one of itemembers, itwill, of course,be guidedby the followingprovisions of the Texas Constitution: "Article 6,Section 2. Every person subject to none of the foregoing disqualifica'iiona, who shallhave attained the age of twenty-,oneyears andwho shallbe a citizen of the United States and who shall have resided in this State one year next preceding an election and the last six months within the district or county inwhich such person offers to vote, shallbe deemed a qualified elector;provided, that elerora ~living in any unorganized countymay note at any election precinct in the county to which such county is attached for judicial pu~~osea; and provided further that anj vo.ter who is subject to >ily a poll tax under the laws of the StL:;e of Texas shall have paid said tax before offering to vote at anyZelect!~on‘ in this State and hold a receipt showing that said poll tax was paid b&ore the first day of February ne:xt preceding such election." "Article 3, Section 7. No person shallbe a Representative, uhleaa he be a citizenof the United States, and at the time of his election, a qualified elector of this State, and shall have been a resident of thisState two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-oneyears." The application of the above proviaiona is the function of the House of Representatives. Yours very truly, APPROVEDNOV. 22, 1939 

### a/ GERALD C. MANN A'M'ORNEY

QNERALOFTEXAS MTOFOEY GERERALOF TEZAS */ Walter R. Koch APPROVED OPINION COIMITIEE BY B. W. B. CHAIRMAN

WRK:n/ ldw BY Walter Rt.',Koci; Assistant